Massachusetts Personal Injury Library
Information on Comparative Negligence in Massachusetts
In the aftermath of a serious car accident, it can be very challenging to figure out what your next steps will be and who to speak to about your injuries. You probably will have a lot of questions about your injuries from the crash and the damage to your vehicle by the at-fault driver.
Many of your questions can be answered by a Boston car accident lawyer who understands comparative negligence.
Comparative Negligence in Massachusetts
In Massachusetts, liability for a motor vehicle accident is determined by using comparative negligence. Comparative negligence is applied in order to figure out which driver is more responsible than the other operator involved in an accident.
If you're involved in a collision where you struck a vehicle that was being driven erratically or illegally and the other driver contributed to the collision, liability may take time to establish and may not be crystal clear even then.
In cases such as this where it's not evident which driver is solely at-fault for the collision, comparative negligence is applied and will hold a party liable only if they are found to be more than 51% responsible for the accident and the damages that resulted.
In some instances where it has been established that both drivers were acting recklessly or negligently prior to the crash, both of the parties could be found liable for a certain percentage of the accident. In these cases, the plaintiff's award would then be reduced by the percentage he's liable for.
Comparative and Contributory: Negligence in the U.S.
The majority of states across the U.S. use comparative negligence as their rule in determining who is responsible for a crash. Only a few states use contributory negligence as their standard in ruling who is at-fault in an accident.
Contributory negligence varies from comparative negligence in that it permits one driver to completely avoid liability altogether or requires them to pay a minimal amount of compensation if the other operator was found to be liable for causing or even contributing to the collision.
The states that use contributory negligence make it frustrating for the survivor of a car accident to seek compensation for their serious injuries.
The Liable Party: Applying Comparative Negligence
If it's determined that the other driver involved in your car accident was found to cause the majority or all of the collision (responsible for over 51% of the accident), he or she will be found liable for causing the accident.
A negligent driver who caused an accident may not have intended to harm you in any way, which is essential in understanding negligence cases. In a car crash, a negligent driver could have been reaching for something that fell off of their seat and accidentally veered into the oncoming lane of traffic, causing an accident. If someone is found to be negligent, it simply means that they failed to act like an ordinary or reasonable person would have under the exact same circumstances.
Building a strong negligence case against the at-fault driver in your accident case will mean that you are holding that other driver completely responsible for your car accident injuries from the crash and the damage that he or she caused to your property.
Kiley Law Group can help you build your car accident case against the driver responsible for your injuries.
Contact The Million Dollar Man for a Free Review of Your Accident Case
If you or someone you know has been seriously injured in Massachusetts due to a reckless driver, BEFORE you sign any forms, talk to the insurance company or hire a lawyer, contact a Boston accident injury lawyer with Kiley Law Group to find out about your legal options.
Thomas Kiley, also known as The Million Dollar Man, has over 30 years of experience and a successful track record of obtaining seven figure wins for clients in auto accident cases, medical malpractice, child birth injuries, brain injuries, and other personal injury cases.
Call 1-888-208-1695 to receive your FREE legal consultation today. And while the call is free, the information may be priceless.
DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.
